LHA Smoke-Free Policy

To provide a safer, healthier community for residents and guests, the
United States Department of Housing and Urban Development (HUD) requires all
public housing buildings/property to be completely smoke free. This means that
use of prohibited tobacco products (including cigarettes, cigars, pipes, and
hookah) will not be allowed in LHA individual units, common areas, offices, or within
25 feet of the building(s). The Smoke-Free
Policy will take effect on July 31, 2018 for all residents. Residents
will be required to sign a lease addendum agreeing to the smoking policy prior
to this date.

BackgroundIn accordance with PIH Notice 2017-3 and HUD’s Final Rule CFR 965.653 (Smoke-free public housing) PHAs must design and implement a policy prohibiting the use of prohibited tobacco products in all public housing living units and interior areas (including but not limited to hallways, rental and administrative offices, community centers, day care centers, laundry centers, and similar structures), as well as in outdoor areas within 25 feet from public housing and administrative office buildings (collectively, “restricted areas”) in which public housing is located.

The purpose of the rule is to require PHAs to establish, within 18 months of the effective date (February 3, 2017), a policy disallowing the use of prohibited tobacco products. A PHA’s smoke-free policy must, at a minimum, ban the use of all prohibited tobacco products. Prohibited tobacco products are defined as: items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes, including waterpipes (hookahs).

SMOKE-FREE POLICY It is the policy of the Lexington Housing Authority (LHA) that smoking will not be permitted in LHA buildings, including apartments, in accordance with the following guidelines.

Effective July 31, 2018 all current and new residents, all employees, guests and visitors in and/or on LHA property will be prohibited from smoking inside the buildings, common areas including all housing units.

Any resident, including the members of their household, guests, or visitors will be considered in violation of the lease if found smoking in any LHA facility or apartment, or anywhere on LHA property that is deemed as a nonsmoking area. Three (3) violations will be considered to be a repeated violation of the material terms of the lease and will be cause for eviction.

After the first warning, a cleaning charge of $250.00 may be added to the resident account for each violation of the policy that occurs in the apartments, building common areas or any other nonsmoking area on or in LHA property. (Any cigarette butts not properly disposed of may also be cause for a cleaning service charge.

Smoking outside any LHA building or housing unit may be limited and designated smoking areas will be posted and locations subject to change. Smoking outside any Housing Authority building will be limited to the following area(s): 25 feet from any entrance, window or public sidewalks or as designated.

If the smell of smoke is reported, LHA will seek the source of the smoke and appropriate action will be taken. Residents are encouraged to promptly give LHA management a written statement of any incident where tobacco smoke is migrating into the resident’s unit from sources outside the resident’s unit.

Upon adoption of this policy, all residents presently living in affected LHA units will be given a copy of the policy. After review both incoming and current residents will be required to sign the Smoke Free lease addendum. A copy will be retained in the tenant file.

Meetings will be held at LHA management offices starting in January 2018. Please see the meeting schedule below: